Sick Leave Abuse?

Is there any standard to judge when sick leave use becomes “abuse?”  My supervisor is questioning me about the number of absences.  I have enough paid sick leave on the books to cover, and I’m not out for any longer than two days in a row.  Three days, and you need a doctor’s note.  Most of my co-workers take vacation leave in blocks, but I take vacation and sick leave in smaller increments more frequently.  My supervisor says I’m a sick leave abuser, but his judgment seems completely arbitrary.  I thought that if I have the leave on the books, I should be allowed to take it free of harassment from management.  Is that true?  How do you determine what’s “abuse?”

Even though you have a rule that requires a doctor’s note only when you’ve been out three days or more, the general rule regarding sick leave is that it should be used when you are actually sick or when you need to take care of an ill family member. If your supervisor suspects that you are using your sick leave as additional vacation, then he can ask you about it.  Some patterns of sick leave usage raise red flags with management – such as calling out sick on the same days every month, or frequently calling out sick the day before or the day after the weekend or a holiday. In those situations, you might be asked to explain your absence – even if it was less than three days.

However, you should not be harassed or treated differently from how your co-workers are treated when they use their sick time.  And the leave may be protected under the Family Medical Leave Act or California Family Rights Act.  If you think this is the case it’s best to call professional staff for assistance.